Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

Article 112 Drunk on Duty

Under this article enlisted members who are found to be under the influence while on duty are punished severely as directed through a court martial. This article covers incidents when an enlisted member (other than a sentinel or lookout) is drunk. Situations where the accused is under the influence of drugs or other intoxicating substances are covered in Article 112a.

The elements to be proven in these trials are as follows:

  • That at a specific time and place, the accused individual was on specific duty
  • That at this time, he was found to be drunk

Maximum Punishment for Violation of Article 112

If the accused is found guilty of violating Article 112, he faces maximum punishment of nine months confinement, bad conduct discharge, forfeiture of all allowances and pay.

Explanation of Article 112

Under this article the word 'drunk' means that the person is intoxicated to such a degree that he is incapable of acting rationally or using his mental and physical faculties fully. The question of when the accused is deemed to be 'on duty' is an important one since he is in violation of the article only when he is drunk while performing his duties. When the person is supposed to be performing routine duties in garrison, he is 'on duty', officers of the day and guard duty members are on duty throughout their tour and commanders are deemed to be on duty at all times while they are exercising command over their unit/ garrison etc.

During wartime or in locations where hostile exchanges are taking place, the circumstances are different and the meaning of the word 'on duty' may be modified in accordance. In such situations, the members of the command are deemed to be on duty at all times. For more information on this article, please refer to the Manual for Courts Martial.

Points to Note about Article 112

  • That fact that the accused was drunk even before came on duty does not affect his guilt except in extenuating circumstances.
  • Persons who are absent from duty and found to be elsewhere in a drunken state cannot be charged under this article.
  • Persons who refuse to perform their duty because they are drunk are not violating this particular article.
  • Being drunk while on anticipatory duty, for example while standing by for flight duty, falls under this article.
  • The accused may be able to defend himself by showing that his superior officers assigned the duty to him despite being well aware of his drunken state.
  • The accused has strong defense if his drunken state is the result of medicinally administered intoxicants.

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